Current through Register Vol. XLI, No. 45, November 8, 2024
Section 92-1-3 - General Provisions Relating to the Parole Board3.1. The Parole Board is committed to discharging its responsibilities using contemporary, evidence based practices and strategies. It is committed to ongoing professional development and incorporating new evidence based practices in decision-making and in its interactions with offenders. Equally, it recognizes and supports ongoing professional development of Parole Board staff. 3.1.a. The Parole Board shall: 3.1.a.1. Be sensitive to the concerns of crime victims and the public by reducing the potential of future victimization;3.1.a.2. Enhance public safety by making informed parole decisions by using parole guidelines consistent with evidence based practices, and exercise professional judgment to assess offenders' discrete, individual factors, to assess readiness for transition into the community;3.1.a.3. Recognize that the Parole Board, while comprised of individual decision makers, is structured to vote as a "panel," and each panel shall act in the same manner and under the same authority, as the full Parole Board; therefore, the established principles should support decisional consistency;3.1.a.4. Support the use of a transparent and clear decisional process, and are committed to ensuring that decision-making is carried out in a fair and consistent process through the use of parole guidelines;3.1.a.5. Recognize that offender risk of reoffending can be reduced and that continued risk reduction can occur through imposing conditions of parole and the application of intermediate sanctioning that target the offender's criminogenic needs;3.1.a.6. Value evidence based research, data and related decisional best practices by applying them to the decisions of parole, setting conditions, supporting intermediate sanctions, and making decisions to revoke parole;3.1.a.7. Ascribe to the importance of treating correctional staff, offenders, victims, and the public with respect and dignity;3.1.a.8. Understand the importance of the wise utilization of finite prison and community resources, through fiscal responsibility, by applying the principles of effective intervention and use of evidence based parole strategies for identifying and prioritizing supervision and treatment for those offenders who pose the greatest and most serious risk to the community;3.1.a.9. Respond to parole violators by supporting compliance with parole conditions through the timely application of an evidence based graduated scale of sanctions, including a return to confinement;3.1.a.10. Recognize that the Parole Board and the Division are two parts of one larger system; therefore, the Parole Board supports the order and safety within the Division; and3.1.a.11. Defer to the sentencing court regarding the issue of appropriate punishment by recognizing that the sentencing court is the arbiter of just punishment.3.2. Method of Decision. (W. Va. Code § 62-12-12a): 3.2.a. The Board shall sit in Panels of three Members for the purpose of conducting parole interviews and making determinations concerning the release of any inmate on parole, conducting hearings and making determinations regarding the revocation of parole, considering requests for reconsideration and conducting any other hearing. Two Members of any Panel shall constitute a quorum for the purpose of conducting business. Procedural and evidentiary matters, such as motions to continue and decisions to admit or exclude evidence and other non-dispositive matters, shall be decided by the Lead Interviewer.3.2.b. The Chairperson will designate the Members of each Panel and will assign each Panel such matters as the Chairperson deems proper.3.2.c. No inmate shall be granted parole without the consent of at least two Members of the Panel.3.2.d. The presence of an inmate/parolee shall be required at all proceedings unless the inmate/parolee's conduct impairs the security and order of the proceedings and it becomes necessary for his or her removal from the proceedings.3.2.e. The Parole Board shall only consider inmates for parole who are in an Institution in the custody of the Division or those on a furlough approved by the Commissioner of Corrections.3.2.f. Notwithstanding subdivisions (a) or (b) above, the Parole Board may, in its discretion, consider in absentia an inmate who is confined in this State in a nursing home, state hospital, or who is mentally incapacitated, or terminally ill.3.2.g. The Parole Board may allow for videoconferencing where appropriate to satisfy the attendance requirements as established in subdivisions (a), (b) and (c) above.3.3. Rule Interpretation. The Parole Board reserves for itself the authority to interpret these rules or any other rule or policy directive it may issue.3.4. Privacy of Deliberations. All deliberations and votes of each Panel shall be made in private.3.5. Open Meetings Act. Because the Parole Board exercises quasi-judicial functions, the formal requirements of the Open Governmental Proceedings Act (W.Va. Code § 6-9A-1et seq.) do not apply.3.6. Nonviolent Offender Parole Program. The Board will not sit and determine parole for inmates who are eligible for parole pursuant to W. Va. Code § 62-12-13c.3.7. Signatures on official documents. One member of each Panel set by the Chairperson may sign any official documents on behalf of the Panel.